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NGT holds land owner responsible for felling of trees not accepting plea of ignorance

In Lt. Col. (Retd.) Sarvadaman Singh Oberoi v. Union of India, decided on 7-12-2017,  Applicant has stated that there has been erratic felling of the tree and construction of kaccha road in a large part of the forest area which is important wildlife corridor and frequented by wild animals including leopards from Asola Sanctuary. The above stated information is well known to the Forest Department but no timely action has been taken on their part.

National Green Tribunal held that the material defence noted in this whole scenario is that  Respondent 5 did not deny any of the stated allegations but contended that some unknown offenders were involved in the felling of trees for which a criminal complaint had also been filed and further the Forest Department was restraining him from entering his own land as they considered him to be one of the accused too.
The Court observed that by examining the legal position and the various FIR’s in the name of respondent alleging him to be one of the offenders by the Forest Department, it is difficult to accept the plea of ignorance as he had the legal duty being the owner of the stated land to ensure that no illegal activity should have been committed upon, which makes the point of who did it irrelevant and therefore the complaints filed against Respondent 5 to be continued, as the onus is totally on Respondent 5.

Article referred: http://blog.scconline.com/post/2017/12/16/ngt-holds-land-owner-responsible-felling-trees-plea-ignorance-not-material-defence/

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